Commission on Racial and Ethnic Fairness
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COMMISSION ON RACIAL AND ETHNIC FAIRNESS 2019 Annual Report to the Supreme Court of Missouri December 2019 Supreme Court of Missouri Commission on Racial and Ethnic Fairness (CREF) 2019 Report to the Supreme Court of Missouri INDEX Opening Letter from the Commission Co-Chairs .................................................................................3 Profiles of Co-Chairs.............................................................................................................................4 Commission Goals and Subcommittee Charges ...................................................................................6 Accomplishments ..................................................................................................................................7 Relevant Actions ...................................................................................................................................9 Status of Other Recommendations ......................................................................................................16 2018-2019 Subcommittee Activity Summaries .................................................................................. 17 Municipal Updates in Missouri ...........................................................................................................20 List of Commissioners ........................................................................................................................22 Commission Structure .........................................................................................................................24 Commissioners’ Accomplishments, Awards and Activities ................................................................25 Appendix Listening Forum Flyer ...............................................................................................................27 Missouri Juvenile Justice Association Fall 2019 Conference Agenda.......................................28 Diversity Awareness Partnership (DAP) 12th Annual Meeting Agenda ....................................30 National Consortium on Racial and Ethnic Fairness in the Courts Annual Conference ...........31 Page 2 SUPREME COURT OF MISSOURI COMMISSION ON RACIAL AND ETHNIC FAIRNESS POST OFFICE BOX 104480 JEFFERSON CITY, MISSOURI 65110 Dear Friends of the Commission, We are pleased to present the Commission’s 2019 report to the Supreme Court of Missouri. It is the Commission’s charge to review current practices and recommend measures to ensure fairness, impartiality, equal access and full participation for racial and ethnic minorities in the judicial process. 2019 has been a year of important changes in this area. Here are some of the highlights: • Each licensed attorney in the state is required to participate in at least one hour of continuing legal education in the areas of explicit or implicit bias, diversity, inclusion, or cultural competency. • The Supreme Court of Missouri approved new civil anti-bias jury instructions to be given to jurors before selection and again before deliberations. Criminal anti-bias jury instructions were updated and approved for distribution to jurors before selection and with instructions that accompany jurors into deliberations. • New rules for lawyers and judges were adopted by the Supreme Court of Missouri that provide clarification about conduct that constitutes bias or prejudice and harassment, how to determine a rule violation, and examples of harassment as anticipated by the rule. • A new report, Diversity and Inclusion in the Missouri Judiciary, was issued that provides demographic information about judges and other court personnel in our judicial system. • The Supreme Court of Missouri adopted new rules for pre-trial release of individuals charged with offenses. These authorize consideration of non-monetary bond conditions and require review of circumstances of bond no later than seven days after detention. Even with progress and change, much work remains. We look forward to the continuing work we will do together to make our courts more accessible and responsive to the people they serve. William Bay Lisa White Hardwick Mikah K. Thompson Michael Middleton Page 3 Co-Chairs Mr. William Bay Mr. William Bay, partner at Thompson Coburn, has been recognized as a top litigator by The Best Lawyers in America. He is the past chair of the American Bar Association (ABA) Section of Litigation, the largest section in the ABA, has been a member of the ABA Board of Governors and chaired its Finance Committee. Mr. Bay is also a member of the American Law Institute, the leading independent organization in the United States that works to improve the law. Mr. Bay is the 2018-2020 chair of the 600-member ABA House of Delegates, the policy-making body of the association. The Honorable Lisa White Hardwick Ms. Lisa White Hardwick is a judge on the Missouri Court of Appeals, for the Western District. After graduating from Harvard Law School, she joined the firm of Shook, Hardy & Bacon in 1985 and was a partner from 1992 to 2000. She was also elected to the Jackson County Legislature, serving as an at-large representative from 1993 to 2000. She was appointed to the 16th Judicial Circuit as a trial judge in January 2000 and to the Court of Appeals in May 2001. Judge Hardwick served as Chief Judge of the Western District from 2010-2012. Ms. Mikah K. Thompson Ms. Mikah K. Thompson joined CREF in 2018 and became a co-chair in October 2019. Thompson is an Associate Professor at the University of Missouri-Kansas City School of Law. She earned her Bachelor of Science degree in communications from Missouri State University and her law degree from Washington University in St. Louis. Thompson’s research centers on the intersection of evidentiary law and critical race theory. Recently, she has written on juror bias, describing the impact racial stereotypes have on the way in which jurors assess trial evidence. Prior to joining the faculty, Thompson was the Director of Affirmative Action and Title IX Coordinator for the UMKC campus. Page 4 Mr. Michael Middleton, Emeritus Professor Middleton, Deputy Chancellor Emeritus and Professor Emeritus of Law, joined the law faculty at the University of Missouri in 1985 after an illustrious career with the federal government in Washington. He was a trial attorney in the Civil Rights Division of the Department of Justice and in 1977 was appointed Assistant Deputy Director of the Office for Civil Rights at the Department of Health Education and Welfare. In addition, Professor Middleton was an integral part of the EEOC on the federal level, serving as director of the Office of Systemic Programs and Associate General Counsel, Trial Division and finally, Director of the St. Louis district office prior to assuming his role at the University. Professor Middleton retired after serving as Interim President of the University of Missouri System and as Interim President of Lincoln University. Page 5 COMMISSION GOALS AND SUBCOMMITTEE CHARGES In October of 2015, the Supreme Court established the Commission and set out the goals it was to achieve. The Commission’s goal is to examine and review current practices, and to recommend measures to ensure fairness, impartiality, equal access and full participation for racial and ethnic minorities in the judicial process and in the practice of law. Consistent with these goals, the Commission shall: • Identify any barriers to access and fairness in the judicial system and legal profession; • Review the applicable constitutional provisions; statutes; ethical, procedural and court operating rules that may impact these issues; and such other materials as the commission believes would be helpful to its study and the development of its recommendations; • Seek public input and engagement through written suggestions, public hearings or such other avenues as the commission believes helpful, as well as collaborate and participate in the “Minority Community Engagement” project with the National Center for State Courts and National Consortium on Racial and Ethnic Fairness in the Courts; • Conduct, with the consent of the Court, surveys and study additional research regarding racial and ethnic equity in the justice system and in the legal profession. The Commission shall focus its work in six areas — the judicial system, generally; the civil justice system; the criminal justice system; the juvenile justice system; the municipal justice system; and the practice of law — and will have subcommittees in these areas and such other subcommittees as needed to facilitate its work. Its focus may include but is not limited to the following: • The existence and impact of any racial and ethnic bias and/or disparities within the judicial system and the practice of law; • Changes to court rules, regulations, laws and/or practices to improve meaningful access to or participation in the judicial system and the practice of law by racial and ethnic minorities; • Measures to ensure that all persons within the judicial system and practice of law refrain from manifesting bias or prejudice, by words or conduct, based on race or ethnicity; • Measures to address any implicit or other bias within the judicial system and legal profession; • The availability of effective legal representation for racial and ethnic minorities within the judicial system; • Measures to enhance racial and ethnic diversity in the selection, retention and promotion of judicial officers, court staff and professionals in the legal community; and • Measures to enhance